Tag Archives: Qualified Immunity

En Banc Watch: Fight Over Substantive Due Process Sees Court Refuse to Rehear Flint Water Case

The Sixth Circuit denied Flint, Michigan’s petition for en banc review of a panel decision allowing citizens exposed to contaminated water to sue city and state officials. The order drew two concurrences, one dissent, and plenty of skepticism about the plaintiffs’ case—which is nevertheless allowed to proceed in the district court. The plaintiffs’ theory is … Continue Reading

Oops: A $13 Million Lesson On The Importance Of Preserving Challenges For Appeal

Earlier this week, in a case that attracted media attention, the Sixth Circuit unanimously affirmed a $13.2 million jury verdict in favor of David Ayers, who spent 12 years in prison based on a state-court murder conviction after detectives used a fellow inmate to extract statements from Ayers in violation of his Sixth Amendment right … Continue Reading

Two Supreme Court Decisions On Certiorari From the Sixth Circuit

This week brought two decisions from the Supreme Court on cases from the Sixth Circuit.  In Michigan v. Bay Mills Indian Community, the Supreme Court affirmed the Sixth Circuit’s decision that Michigan could not bring a lawsuit against an Indian-owned casino based on tribal sovereign immunity even though the casino was not located on the … Continue Reading

Sixth and Ninth Circuits Split on Whether Private Attorney Performing Services for Governmental Body Entitled to Qualified Immunity

In Delia v. City of Rialto, Case No. 09-55514 (Sept. 9, 2010) the Ninth Circuit examined whether a private attorney retained by the City to participate in internal affairs investigations, but who was not an employee of the City, was entitled to qualified immunity against Plaintiff’s § 1983 claims.  The attorney urged the Ninth Circuit to follow the … Continue Reading